Supreme Court Upholds Landlord’s Eviction Rights in Property Dispute: Gopi @ Goverdhannath vs. Sri Ballabh Vyas (2022) Date of the Judgment: September 22, 2022 Citation: 2022 INSC 446 Judges: Indira Banerjee, J., C.T. Ravikumar, J. (Majority Opinion by C.T. Ravikumar, J.) Can a tenant’s claim of ownership, without any supporting evidence, override a landlord’s registered […]
Supreme Court clarifies lease agreement and mesne profits in property dispute: Indian Oil Corporation Ltd. vs. Sudera Realty Private Limited (2022) Date of the Judgment: September 6, 2022 Citation: 2022 INSC 784 Judges: K.M. Joseph, J. and Pamidighantam Sri Narasimha, J. Can a lease agreement be considered valid even if a formal deed was not
Supreme Court sets aside decree for possession based on admissions: Karan Kapoor vs. Madhuri Kumar (2022) LEGAL ISSUE: Whether a judgment on admissions under Order XII Rule 6 of the Code of Civil Procedure (CPC) can be passed solely based on the admission of a landlord-tenant relationship, without considering the tenant’s defense of an agreement
Supreme Court Clarifies Moratorium Under IBC: Indian Overseas Bank vs. RCM Infrastructure Ltd. (2022) LEGAL ISSUE: The core legal issue is whether a sale of assets under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is complete upon confirmation of sale or upon full payment and issuance
Supreme Court Upholds Disciplinary Action Against Judicial Officer for Misconduct in Land Compensation Cases LEGAL ISSUE: Whether a judicial officer can be disciplined for misconduct for awarding enhanced compensation in land acquisition cases. CASE TYPE: Disciplinary Proceedings/Service Law. Case Name: Muzaffar Husain vs. State of Uttar Pradesh and Anr. Judgment Date: 6 May 2022 Introduction
Supreme Court Upholds Civil Court Decree Despite Rent Act Applicability: Shankarlal Nadani vs. Sohanlal Jain (2022) LEGAL ISSUE: Whether a civil court’s decree for possession is valid if passed after a state Rent Control Act becomes applicable to the area. CASE TYPE: Civil (Property Law, Rent Control) Case Name: Shankarlal Nadani vs. Sohanlal Jain Judgment
Supreme Court Upholds Partition Suit, Invalidates Sale by Power of Attorney Holder Date of the Judgment: April 1, 2022 Citation: (2022) INSC 259 Judges: Hemant Gupta, J. and V. Ramasubramanian, J. Can a person who holds a general power of attorney sell a property if the document does not explicitly grant them the power to
Supreme Court Upholds Consumer Rights in Property Dispute: Bharati Bhattacharjee vs. Quazi Md. Maksuduzzaman (2022) LEGAL ISSUE: Whether a consumer complaint for non-execution of a sale deed is barred by limitation under Section 24A of the Consumer Protection Act, 1986, and whether the existence of two sale agreements for the same property can be valid.
Supreme Court Clarifies Limited Estate Under Will: Jogi Ram vs. Suresh Kumar (2022) LEGAL ISSUE: Whether a limited estate granted to a Hindu female under a will becomes an absolute estate under Section 14(1) of the Hindu Succession Act, 1956, or remains a limited estate under Section 14(2). CASE TYPE: Civil Law, Property Law, Testamentary
Supreme Court Clarifies Limited Estate Under Will: Jogi Ram vs. Suresh Kumar (2022) Read Post »
Supreme Court Clarifies Section 69 of Partnership Act in Shiv Developers vs. Aksharay Developers (2022) Date of the Judgment: 31 January 2022 Citation: 2022 INSC 119 Judges: Dinesh Maheshwari, J. and Vikram Nath, J. Can an unregistered partnership firm seek legal recourse against a third party for a transaction not directly related to its core
Supreme Court Upholds Concurrent Findings on Gift Deed Validity: Keshav vs. Gian Chand (2022) Date of the Judgment: 24 January 2022 Citation: Civil Appeal No. 364 of 2022 Judges: M.R. Shah, J., and Sanjiv Khanna, J. Can a gift deed be considered valid if the donor’s intention is questionable? The Supreme Court of India addressed
Supreme Court on Specific Performance of Sale Agreements and Public Policy Date of the Judgment: 18 January 2022 Citation: (2022) INSC 380 Judges: K.M. Joseph, J., Pamidighantam Sri Narasimha, J. Can a contract that appears to violate public policy be enforced? The Supreme Court addressed this critical question in a case concerning the specific performance
